§ 8.01-17 When party whose powers cease is defendant
A. When the party whose powers cease is a defendant, the plaintiff may continue his suit against him to final judgment or decree; provided that a successor in interest may be substituted in accordance with the Rules of Court; and provided further that upon motion the court may order that the suit proceed against the former party as well as the successor.
B. The provisions of this section shall not apply when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while an action is pending. In any such instance, such public officer’s successor shall be automatically substituted as a party when the only claim in such action was made against the former public officer in his official capacity.
History
The record of this law’s original creation isn’t available online. It has been modified 3 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 333; in 1977, chapter 617; in 2025, chapter 460.
Code 1950, § 8-152; 1954, c. 333; 1977, c. 617; 2025, c. 460.